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Republicans to be prosecuted in Ohio for crossing over to affect Democratic primary?

posted at 1:41 pm on March 20, 2008 by Allahpundit
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Any constitutional lawyers want to explain how making schoolkids swear loyalty to the United States violates the First Amendment but not making adult voters swear loyalty to their new party?

The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.

Elections workers will look for evidence that voters lied when they signed affidavits pledging allegiance to their new party…

After the election, some local Republicans admitted they changed parties only to influence which Democrat would face presumed Republican nominee John McCain in November. One voter scribbled the following addendum to his pledge as a new Democrat: “For one day only.”

Such an admission amounts to voter fraud, said [board member Sandy] McNair, who pushed for the investigation…

Lying on the signed statement is a fifth-degree felony, punishable by six to 12 months in jail and a $2,500 fine.

Here’s the statute, although the mechanics are convoluted so you’re better off reading Wired’s analysis. Essentially, you’re only in trouble if you perjure yourself by signing an affidavit affirming your new loyalty — but the affidavits are supposed to be demanded as a matter of course and if you refuse to sign you only get a provisional ballot. Exit question: Should we expect any bipartisan outrage over this like we saw when the Virginia GOP toyed with the idea of a loyalty oath for their own primary? Or are we playing by Obama rules here, where ordinary political sins are absolved if it benefits the left to do so?


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Elections workers will look for evidence that voters lied when they signed affidavits pledging allegiance to their new party…

It’s this type of crap that will destroy our country. The epitome of the Communist apparatchik - was loyalty to party over country.

This country is filthy with apparatchiks - in both parties.

OhEssYouCowboys on March 20, 2008 at 1:45 PM

Insane….

I think probably the goal here is not actually prosecuting, but getting the story screamed so loud that they MIGHT prosecute so that in the future, and in other states with similar statutes, that it will sour people on the idea.

Glad MO doesn’t have any goofiness like that; you show up to the polls on election day, say “I want the (insert party here) ballot,” no other questions. Any other ballot measures that aren’t primary related are on all ballots. No muss, no fuss.

JamesLee on March 20, 2008 at 1:47 PM

So if I’m a Democrat and decide to become a Republican because of my changing ideals…what?

amerpundit on March 20, 2008 at 1:48 PM

I like this one. A nice after-lunch chuckle. Cute. Voter fraud? Har-dee-har! I’m sorry I can’t stop smiling at this.

Vote Sauron 08 on March 20, 2008 at 1:49 PM

It’s this type of crap that will destroy our country.

Actually, it will destroy the Dems first

ConservativePartyNow on March 20, 2008 at 1:49 PM

“I’m looking for evidence,” McNair said. “I’m not interested in a witch hunt. But I am interested in holding people accountable, whether they’re Democrat or Republican.”

Translation: This is a political witch hunt. If it were Democrats that did it, we’d be fine with it.

amerpundit on March 20, 2008 at 1:49 PM

Such an admission amounts to voter fraud, said [board member Sandy] McNair, who pushed for the investigation…

Lying on the signed statement is a fifth-degree felony, punishable by six to 12 months in jail and a $2,500 fine.

Let’s have some fun in Michigan
by kos
Thu Jan 10, 2008 at 01:31:01 PM PDT

Next Tuesday, January 15th, Michigan will hold its primary. Michigan Democrats should vote for Mitt Romney, because if Mitt wins, Democrats win. How so?

So why are we doing this? Because we can. Because it’ll be fun. And because we’ve suffered Republican meddling, stealing, and disenfranchisement in our elections for far too long.

So get the word out and get out the vote!. Email below the fold.

wise_man on March 20, 2008 at 1:51 PM

More glib-lib terrorization and intimidation tactics: never fear voters, YOU ARE FREE TO VOTE FOR WHOMEVER YOU WISH AT ANYTIME: IT IS THE MOST BASIC FREEDOM OF SPEECH.

jimbo2008 on March 20, 2008 at 1:52 PM

LOL(and that’s no joke).

Any county that tried to fine or jail a voter for this would find themselves on the sharp end of a monetary settlement. Just seating a jury would be impossible as any party affiliation, ever, would disqualify the juror.

WTF should be the headline of this story.

Limerick on March 20, 2008 at 1:53 PM

I can tell you one thing. The board members of the Cuyahoga County Board of Elections would not last 30 seconds in the City of Chicago. What they would consider in this case here to be political shenanigans, in Chicago, we call it ” business as usual”.

pilamaye on March 20, 2008 at 1:53 PM

There will never be a prosecution. It would smack as a thought crime. You would have to prove that the voter really in his heart of hearts lied when he swore loyalty. And what does loyalty to a political party in America mean? It’ll never happen unless someone confesses, and even then, highly unlikely.

tommylotto on March 20, 2008 at 1:54 PM

Temporary insanity defense?

geckomon on March 20, 2008 at 1:54 PM

Well, seems to me then the proper course is to have some DA in a conservative district start digging up cases where Democrats have done this and prosecute them. Turnabout is fair play.

doubleplusundead on March 20, 2008 at 1:54 PM

The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.

“Maliciously” is the operative word here. How can one possibly prove malice in this situation?

BTW, isn’t Cuyahoga County where they found all the irregularities in Dem voter registration forms during the 2004 election. If I recall correctly the county is the home to Snow White and all seven dwarfs if the rolls of registered Democrats is to be believed. I wonder if the Board of Elections prosecuted the Democrats for malice back then!

highhopes on March 20, 2008 at 1:54 PM

The stinken dem’s are so mad the Republica’s did unto them as they did to us to give us McCain. Republican’s bad, dem’s good! What a crock.
L

letget on March 20, 2008 at 1:55 PM

It’ll never stand SCOTUS 1st Amendment scrutiny.

Not a chance.

drjohn on March 20, 2008 at 1:55 PM

“… pledging allegiance to their new party …”

Just reading this makes me livid. That such a concept would exist in this country - is so infuriating that I can’t see straight.

OhEssYouCowboys on March 20, 2008 at 1:57 PM

Doesn’t that mean Hilary Clinton should be prosecuted, as a once-upon-a-time Republican?

I guess Churchill’d be rotting in prison, if the Brits had had this party way back when.

Democrats have always been angling to get Republicans in jail, to clear out the resistance. Guess this is their newest effort.

emailnuevo on March 20, 2008 at 1:59 PM

I don’t think the state should pay for any election that voters have to swear loyalty to a private entity if they wish to participate.
That’s not directly at issue here.
I could only support the loyalty thing if it were a party-paid caucus. Even then, ISTM it would have to be the party that sues for fraud.

MayBee on March 20, 2008 at 1:59 PM

I actually hope that this happens. It has the possibility of dragging into a court the whole idea of open primaries, which are often manipulated by the other side ‘reverse voting’. I personally don’t like open primaries for just that reason. How do you think the GOP got stuck with John McCain? Now when the conservatives say, turn about is fair play, the liberals all of a sudden have a problem with it. I think it should be a law that you can only vote in a primary for the party that you voted for in the last general election. But I don’t think it would ever happen. We have an election system that is thick with loopholes, fraud, and rigging and that’s the way most democrats and enough republicans want it. The stolen governors election in WA proved that. Real reform would never get any backing. And the SCOTUS seems to approve of political parties doing any damn thing they want, regardless if it disenfranchises their own parties voters, ie MI and FL. This ‘I’m too stupid to vote right’ crap needs to end.

That being said, I’m poppin the corn for this one!

Bikerken on March 20, 2008 at 1:59 PM

I hope they try. I really do. Auntie Bea in an orange jump suit, for party disloyalty, would be the next shot heard round the world.

Limerick on March 20, 2008 at 2:00 PM

They can’t require such a pledge…what they can do is set a deadline for before Iowa for registering so that once the Primary is set in motion the pieces are locked.

James on March 20, 2008 at 2:01 PM

There’s a great strategy to Get Out The Vote - criminalize it.

Redhead Infidel on March 20, 2008 at 2:02 PM

I hope they try. I really do. Auntie Bea in an orange jump suit, for party disloyalty, would be the next shot heard round the world.

Limerick on March 20, 2008 at 2:00 PM

Actually, I’d prefer that Aunt Bea be incarcerated. I always thought that Mayberry was far more sinister than anything that Rod Serling could think up.

OhEssYouCowboys on March 20, 2008 at 2:02 PM

I want to be in the gallery when THIS case is heard before John Glover Roberts, Jr.

EJDolbow on March 20, 2008 at 2:03 PM

The Cuyahoga County Board of Elections

There is your problem right there. Cuyahoga county is cleveland and is as bad as Chicago and Philadelphia in voter fraud. The Ohio GOP always has to watch them for their tricks.

William Amos on March 20, 2008 at 2:03 PM

There was an article in the Oregonian last Sunday that said Republicans and independents could register as a Democrat for a day in order to vote in the primary. I’m thinking about doing it. I never thought I would see a race where Hillary looked preferable to the opponent. And no, it has nothing to do with Rush Limbaugh. As much as I don’t like Hillary I would rather have her than Barrak “My Granny was Klanny” Hussein Obama.

deewhybee on March 20, 2008 at 2:03 PM

The concept is mindboggling. Having to swear an oath of loyalty to your party? Is this China or America?

amerpundit on March 20, 2008 at 2:04 PM

Dr John,

Perhaps you’re right, but many thought the same over McCain-Feingold.

Eeesh.

The last thing I want to see is other states turning into the likes of CA.

Weebork on March 20, 2008 at 2:04 PM

Oh yeah, way to swing Ohio for Democrats in November.

Theworldisnotenough on March 20, 2008 at 2:05 PM

The concept is mindboggling. Having to swear an oath of loyalty to your party? Is this China or America?

amerpundit on March 20, 2008 at 2:04 PM

When you enter the United States there is a sign:

Welcome to the United States of America - Made in China

OhEssYouCowboys on March 20, 2008 at 2:05 PM

They are just bloviating. They can take their threats and shove them where the sun don’t shine.

Blake on March 20, 2008 at 2:06 PM

BTW, Allah, nice post. 500+ comments in the making.

Limerick on March 20, 2008 at 2:06 PM

Anyone who votes for a Democrat deserves to be prosecuted - for being an irresponsible idiot.

NoDonkey on March 20, 2008 at 2:06 PM

I always appreciated the fact that the logo for the Democrats and their Party - is an ass.

OhEssYouCowboys on March 20, 2008 at 2:09 PM

Anyone who votes for a Democrat deserves to be prosecuted - for being an irresponsible idiot.

NoDonkey on March 20, 2008 at 2:06 PM

Why? The Democrats have done it to us for years, including in Ohio itself. Wired:

A spokesman for the Ohio secretary of state’s office said it always happens in presidential elections and also occurred during the 2006 gubernatorial primary election when Democratic voters crossed over to cast ballots in the Republican primary for Kenneth Blackwell because they thought he would more likely lose in a race against the Democratic candidate for governor.

amerpundit on March 20, 2008 at 2:09 PM

The concept is mindboggling. Having to swear an oath of loyalty to your party? Is this China or America?
amerpundit on March 20, 2008 at 2:04 PM

It’s China, and we’re the Tibetans.

TexasJew on March 20, 2008 at 2:12 PM

“…maliciously switched parties…”

BWAHAHAHAHA!!!!!

labrat on March 20, 2008 at 2:12 PM

And AP, you said back in November, re the GOP/Virginia loyalty question:

Stupid not only for its unenforceability but for the assumption that it will actually deter Democrats so driven by partisan fervor that they’d vote in the Republican primary to sabotage the strongest candidate.

Well, that’s happened…egged on by Rush and others, Republicans did try to game the Dem primary. I thought it was a bad idea from the get go, in the “be careful what you wish for” category.

That being said, I think this whole ivestigation thing in Ohio is utter stupidity. Again, this is only the beginning…wait until we know who’s going up against who…

JetBoy on March 20, 2008 at 2:12 PM

Hypocracy running rampant among the left again!

http://www.dailykos.com/storyonly/2008/1/17/101444/589

http://www.dailykos.com/storyonly/2008/1/11/132847/518

ihasurnominashun on March 20, 2008 at 2:18 PM

Alright . . . let’s go to court, right now. This should be fun. A dumb action by dumb people.

rplat on March 20, 2008 at 2:19 PM

As a proud member of the Voter Underground, let me be the first to offer up myself (and my banker) to prosecution. It is the least I can do for you all.

Limerick on March 20, 2008 at 2:20 PM

If swinging a primary to a cold, calculating, purely self-interested control freak over a blank slate chock full of quixotic delusions of instantaneously sublimated racial harmony and changitude and audacitiness is wrong, then baby, I don’t want to be right.

Mark V. on March 20, 2008 at 2:20 PM

A Rush caller from Ohio called them up and asked them to be sure to include investigation the Clinton and Obama campaigns who were calling Republicans in Ohio urging them to crossover and vote for them…

TheBigOldDog on March 20, 2008 at 2:23 PM

I voted Democrat “twice” in the Ohio primary. Take that you loons. :)

netdude5 on March 20, 2008 at 2:26 PM

As much as I don’t like Hillary I would rather have her than Barrak “My Granny was Klanny” Hussein Obama.

deewhybee on March 20, 2008 at 2:03 PM

Dee,

I think it would be much more effective if all the republicans crossed over and voted for Obama. Effectively killing two birds with one stone. The Hildabeast loses in a landslide and Obama has the false sense of overwhelming support. When the ’super delegates’ give the nomination to the Hildabeast half of the democratic party takes a walk in November and the Hildabeast loses in landslide.

Think about it.

LMAO!

belad on March 20, 2008 at 2:29 PM

Worse than not faithfully honoring their pledges, the miscreants also refuse to wear their DNC armbands!

Blacklake on March 20, 2008 at 2:29 PM

They are always playing by Obama rules (think Calvinball).

steveegg on March 20, 2008 at 2:30 PM

Mark V. on March 20, 2008 at 2:20 PM

I was wondering what to write. I think I can simply “ditto” Mark’s comment. Bravo.

HawaiiLwyr on March 20, 2008 at 2:31 PM

My guess?

Sandy McNair = Bambi supporter

Dr.Cwac.Cwac on March 20, 2008 at 2:31 PM

The Democratic party’s chickens……..are comin’ home……….to roost!!!

sheriff246 on March 20, 2008 at 2:33 PM

Liberals act like children every day of their lives. Some Republicans pull a stunt like they would and then they have to cry about it.

When will they just take their ball and go home?

Grafted on March 20, 2008 at 2:35 PM

This is The reason we need a complete overhaul of our election process.First no private money to run campaigns.A candidate should have to garner so many signatures based on the population of the race they are running in.Then they are given X amount to run their campaign.In national elections the farther they go the more money the get.Anybody that gets enough signatures would be on the ballot.It would force them to run on issues not party affiliation.Set term limits at two terms,for all elected offices.No more career politicians.As far SCOTUS,there is 9 justices set terms at 9 years so every year you have one leaving and a new one to take their place.No one should be apponited for life.We don’t have Kings In this Country.

E.Tex on March 20, 2008 at 2:38 PM

I think it should be a law that you can only vote in a primary for the party that you voted for in the last general election. But I don’t think it would ever happen. We have an election system that is thick with loopholes, fraud, and rigging and that’s the way most democrats and enough republicans want it.

Bikerken on March 20, 2008 at 1:59 PM

Ken, since the general election is full and secret ballot, you can’t prove which party someone voted for previously, esp folks like me who split the ticket and vote each race instead of straight party, so that wouldn’t work. I can’t believe I’m saying it, but Louisiana has a good primary system, where everyone (from all parties) run together, and the top two vote getters runoff, unless one candidate gets over 50%. Leave it to them to have a rational election system…..

Think_b4_speaking on March 20, 2008 at 2:41 PM

First of all, SOOOOOOO many thanks to the total DORK who wrote in “for one day only”.

NICE WAY TO BE A LIGHTNING ROD, DUMB*SS.

Everyone knows that if you have to declare a party and pledge loyalty, if you’re a temporary crossover, that you simply do it and then switch back a few months later. Every American has the right to change their mind about what political party they support and/or belong to.

Beyond that…why the heck is it even constitutional for a party to force people to pledge affiliation and swear loyalty on paper?

Shirotayama on March 20, 2008 at 2:41 PM

This is the reason we need a complete overhaul of our election process.

E.Tex on March 20, 2008 at 2:38 PM

Agreed…the primary system needs an overhaul, I just don’t agree on the private money thing you mentioned, and signatures. I know there’s pros and cons to having a “national primary” day, but I do think the standards for each state need to be uniform.

Only then will the primary voting truly be a democratic process.

JetBoy on March 20, 2008 at 2:43 PM

Sounds like union style voting. No secret ballot.

Kini on March 20, 2008 at 2:44 PM

There’s a great strategy to Get Out The Vote - criminalize it.

Redhead Infidel on March 20, 2008 at 2:02 PM

Only if you’re a Republican.

jdawg on March 20, 2008 at 2:46 PM

The Democratic party’s chickens……..are comin’ home……….to roost!!!

sheriff246 on March 20, 2008 at 2:33 PM

Heh… Yeah, I think it says that in the Bible, somewhere… I think.

jdawg on March 20, 2008 at 2:47 PM

Soooo, let’s see here:
Voter IDs are bad, according to Democrats because they disenfranchise/intimidate the poor, minorities, convicts who’ve lost the vote, illegal immigrants and the Dead-Americans, but not letting Republicans vote for whom they want is ok.

rbj on March 20, 2008 at 2:48 PM

As far SCOTUS,there is 9 justices set terms at 9 years so every year you have one leaving and a new one to take their place.

E.Tex on March 20, 2008 at 2:38 PM

Tex,

That would keep the Senate busy for the first 6 months of every year trying to get confirmation of Justice, and think of all the real cool grand-standing Chucky-Schmucky can do.

belad on March 20, 2008 at 2:53 PM

How is it “voter fraud” if you print “only for one day” on the pledge? Sounds like complete honesty and not fraud. Besides (and I haven’t read the statute) whose to say that the person signing the pledge (even without qualifier) has perjured himself or committed voter fraud. If he voted only for Democrats during the Democrat primary, then he has been loyal to his party.

I don’t see how this law could be enforced. Then again . . . I couldn’t see how Tom Delay could be indicted either.

srhoades on March 20, 2008 at 2:53 PM

Albeit very enjoyable watching the Democrats self destruct this story can be viewed as a precursor of what will happen when Juan McCain beats Obama in the general. Had Obama won Ohio there would be no story. This is blue on blue, the entire premise of faulting Republicans along with some convoluted proof of loyalty is just plain old fashion fascism with a healthy dose of practiced racial identity.

dmann on March 20, 2008 at 3:01 PM

Jes’ wait’ll they find out, I’ve registered my ficus tree, and my pet turtle…As Republicans.

heh

franksalterego on March 20, 2008 at 3:02 PM

Yea Belad,It would be something,To make the Senate have to work.Just think tough less time to pass tax increases,And hold useless hearings.

E.Tex on March 20, 2008 at 3:04 PM

Any constitutional lawyers want to explain how making schoolkids swear loyalty to the United States violates the First Amendment but not making adult voters swear loyalty to their new party?

Um if its a public school then the 1st amendment applies because it is a government school. A political party however is a private organization that can have any rules and regulations that it wishes. The 1st amendment doesn’t apply.

libertytexan on March 20, 2008 at 3:07 PM

Nice link to the Kos Kiddies. It was cute, funny, and a well thought out political tatic in Michigan. Now it is a crime. Liberals are a joke. They need to exposed for who they really are. If your Socialist leaning beliefs are so great do not run away everytime they are exposed. Be proud of who you are.

chief on March 20, 2008 at 3:11 PM

Doesn’t that mean Hilary Clinton should be prosecuted, as a once-upon-a-time Republican?

I guess Churchill’d be rotting in prison, if the Brits had had this party way back when.

Democrats have always been angling to get Republicans in jail, to clear out the resistance. Guess this is their newest effort.

emailnuevo on March 20, 2008 at 1:

Lets not forget Ronaldus Maximus! He left the Dems….

Pulchritudinous Patriot on March 20, 2008 at 3:16 PM

It would be smart for them to let this drop so I fully expect them to continue.

jukin on March 20, 2008 at 3:21 PM

Hmmmm…

So its a felony to break your Oath to a Private Political Party?

And, just out of curiosity, how come taxpayers pay for these elections anyway? (seeing as how over 1/3 of the electorate is not independent?).

Romeo13 on March 20, 2008 at 3:24 PM

I’m in law school, so allow me to give my opinion. The operative words here are:

Before any challenged person shall be allowed to vote at a primary election

The challenge must be issued BEFORE the voter casts the vote. The voter must have been FORCED to sign a pledge. Any charges filed against ANYONE would open the prosecuting attorney up to malicious prosecution. This is SOLELY to dissaude future voters. I call BS.

JustTruth101 on March 20, 2008 at 3:25 PM

Pledge of allegiance to the flag - BAD
Mandatory pledge to vote for a political party - GOOD

WTF Somebody stop this ride. My head is spinning and I don’t feel so good

Just A Grunt on March 20, 2008 at 3:39 PM

The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.

Heh, a sure sign that their heads are about to implode. Gotta love it!

leanright on March 20, 2008 at 3:41 PM

Hopefully, more primaries will be closed after this as liberal Democrats and moderates picked McCain for us. Thanks a million.

Valiant on March 20, 2008 at 3:45 PM

I can’t find the details right now, but I think there were some voter fraud issues in this particular county in 2004. You know, real voter fraud, not the “why are Repubs messing around in Dem primaries?” whining.

I concur with previous commenters that part of this effort is to deter future meddling. Don’t think it’ll work.

Of course, the other part is “How dare you Rs do what the Ds have been doing all along” junk.

cs89 on March 20, 2008 at 3:49 PM

The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.

I love that phrase - “maliciously switched”.
Just what does that mean? Somebody has a scowl on their face when they did it? Maybe they signed the pledge with spray paint? Is there anything else you can “maliciously switched” like maybe a light or brand of beer?
I’d rather be maliciously switched then attend a speech by Hillary in a predominately black church.

Just A Grunt on March 20, 2008 at 3:53 PM

I think it’s time we started using the voting rules in Mexico here in the United States…..

Legal Citizens only,

Voting Photo ID cards,

Thumbprint scans and matches,

Address verification against official Government manifest agains your Voting Photo ID cards and thumbprint database information

……. and guess what, if any one of these requirements is just a little off……… you DON’T get to vote.

Bring it on Dems, bring it on.

Not very nice when your own tactics are used against you, is it?

Seven Percent Solution on March 20, 2008 at 4:01 PM

I don’t know why this should surprise us. In the recent court ruling on Home Schooling in California, Justice Croskey said:

“A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare,”

Pal2Pal on March 20, 2008 at 4:02 PM

Glad MO doesn’t have any goofiness like that; you show up to the polls on election day, say “I want the (insert party here) ballot,” no other questions. Any other ballot measures that aren’t primary related are on all ballots. No muss, no fuss.

JamesLee on March 20, 2008 at 1:47 PM

Where in Mo?
Me too.

ArmyAunt on March 20, 2008 at 4:02 PM

If someone wants to form a party to select nominees that they will help and support, then they can do so … and should keep the process for making that selection private.

The whole notion of having the government endorse only popular parties by running their nomination convention delegate selection process is insane.

Party affiliation should never be on the ballot, but just on the candidates statement, and ALL candidates should have to simply get enough signatures to get on the ballot.

Kristopher on March 20, 2008 at 4:05 PM

If swinging a primary to a cold, calculating, purely self-interested control freak over a blank slate chock full of quixotic delusions of instantaneously sublimated racial harmony and changitude and audacitiness is wrong, then baby, I don’t want to be right.

Mark V. on March 20, 2008 at 2:20 PM

OMG! Thanks alot, I am cleaning the coffee of my keyboard as we speak…LOL

ArmyAunt on March 20, 2008 at 4:06 PM

Clearly, these are Bambi supporters trying to alert the MSM
that Clinton is only winning because the evil-doers (that would be us) are plotting to destroy democracy and subvert the will of the people!
Meaning: “You guys need to stop talking about Wright and start focusing on Clinton, like you promised you would! You promised us that you would help the black guy!!! Now get to work and destroy that woman!”

Gartrip on March 20, 2008 at 4:10 PM

A) The Cuyahoga County Board of Elections (like many such bodies) is composed of an equal number of Democrats and Republicans.
B) I know durring the whole Libby thing, some people forgot that lying under oath was wrong. But it is still wrong and in some places still prosecuted. (If you want, cast your minds back to 1998, when lying under oath was still considered a crime)
C) ” Before any challenged person shall be allowed to vote at a primary election , the person shall make a statement, under penalty of election falsification, before one of the precinct officials,” OSC 3513.20 That, ladies and gentlemen would qualify as (I believe) an affidavit under Ohio law. Lying on an Affidavit is a no-no.
D) proving maliciousness would be next to impossible in any case though. Unless the potential defendant made certain statements or admissions after the fact such as “I’m not a democrat, I just voted to screw over Obama/Hillary” or “Lastly, they had me sign the affirmation about switching parties and supporting the principles of the Democrat party. I said that would be easy, because they don’t have any.” ;)

So would any possible case be about the constitutionality of the loyalty oath, or would the case turn on whether or not the person signed a false affidavit. If one refused to sign the affidavit and was barred from voting, then that would be a constitutional issue. But if you didn’t refuse and signed a false affidavit, it would probably turn on whether the affidavit was false and your maliciousness. i don’t think that any Cuyahoga County prosecutor would want to come near that headache. Although, the County Prosecutor position is an elected position in Ohio, and I’m pretty sure it has been held by a Democrat since the 1960’s.

New_Jersey_Buckeye on March 20, 2008 at 4:19 PM

Looks like I arrived late at this discussion, but …

I’m an OH atty - and know a little about this junk. The law student who chimed in awhile back has it right. It looks like the initial challenge needed to be made at the precinct on voting day. If anybody remembers, most of the state was dealing with the 2 inches of ice that fell that day. I doubt anybody was actually challenged at the precinct. If a die-hard Republican was challenged, I would doubt they’d be dumb enough to sign an affidavit pledging their loyalty to the democrat party. So I think a successful criminal prosecution is a long shot.

However, the political process is that the investigation begins with a vote from the BOE, which is a partisan 2-2 split. If there’s a tie, the tie-breaker is the Secretary of State, which in Ohio’s case is probably the most partisan person around Jennifer Brunner (D), and there’s no telling what she would do. If she has the opportunity to make a spectacle, she will.

If I had a Republican client who switched over to vote in the D-primary, I’d tell that client to keep his mouth shut, lay low, and he’ll be just fine.

darkegop on March 20, 2008 at 4:33 PM

Such an admission amounts to voter fraud, said [board member Sandy] McNair, who pushed for the investigation…

she means the investigation of voter fraud by acorn right
oh wait what was i thinking voter fraud for the left is protected and funded by the party .

Mojack420 on March 20, 2008 at 4:34 PM

Where in Mo?
Me too.

ArmyAunt on March 20, 2008 at 4:02 PM

Kansas City area now, grew up around Kirksville and later Jefferson City.

JamesLee on March 20, 2008 at 4:38 PM

Liberal Fascism - Exhibit A

Django on March 20, 2008 at 5:00 PM

That’s it, take them out on the front lawn and shoot them in front of their kids…that will teach them to mess with our election system.
That would never happen in a city, say like, Chicago…
*
Oh and let them lie in their own pool of blood…

right2bright on March 20, 2008 at 5:01 PM

And this is why I’m an independent. F*** both the major parties.

mram on March 20, 2008 at 5:15 PM

Loyalty oath? Try this s**t in Texas and see what happens. Come on, I dare ya. Double dare ya. Double dog dare ya. The day I have to sign some loyalty oath before I can vote is the day someone gets a can of whupass opened up on them.

mikeyslaw on March 20, 2008 at 5:25 PM

I don’t have to swear loyalty to any party before I cast my ballot! That’s called a free conscience - something that county board in OH has clearly forgotten.)

Besides, how are they going to prove it? Do they need spies, a la KGB or Stassi, to snoop on voter’s preferences?

I’d love to see one of those idiots spying on a voter in the Dem primary, only to see him listening to Rush on radio!

newton on March 20, 2008 at 5:28 PM

Loyalty oath? Try this s**t in Texas and see what happens. Come on, I dare ya. Double dare ya. Double dog dare ya. The day I have to sign some loyalty oath before I can vote is the day someone gets a can of whupass opened up on them.

mikeyslaw on March 20, 2008 at 5:25 PM

A good Lone Star State “Yee-haw!” to that!

newton on March 20, 2008 at 5:29 PM

I think it should be a law that you can only vote in a primary for the party that you voted for in the last general election.

How exactly would that work, given that we have secret ballots in the general election?

VekTor on March 20, 2008 at 5:36 PM

Any constitutional lawyers want to explain how making schoolkids swear loyalty to the United States violates the First Amendment but not making adult voters swear loyalty to their new party?

First off, the Pledge case deals with the Religion Clause of the First Amendment, whereas this case deals only with an affidavit signed to vote. Not exactly apples and apples.

Second, I’d bet that if challenged, this statute would be struck as an unconstitutional chill under the First Amendment’s Free Speech Clause because it goes to the heart of the First Amendment which is political speech.

I hope so at anyway.

Troy Rasmussen on March 20, 2008 at 5:40 PM

I am convinced, if this crap continues, it is only a matter of time until it will be common for most Americans to be stopped, questioned and or fined and or sent to jail for just going about their day.

JellyToast on March 20, 2008 at 5:50 PM

A) The Cuyahoga County Board of Elections (like many such bodies) is composed of an equal number of Democrats and Republicans.

Yeah, they used to tell us that in Chicago. In my precinct two of the “Republican” judges worked for the local alderman.

It’s guess the party time.

mesablue on March 20, 2008 at 5:57 PM

This is IRONY to the Nth degree: Dems complaining about voters not supposed to be voting for someone. Dead people and illegal aliens have been voting Demo for generations

Remember all the overseas military votes which were not counted in Florida in 2000 because ( although there was no postmark on ship mail ) they were said to be late? The Demo-POS Party challenged them and the supposedly all-powerful Sec of State Kathryn Harris ‘disallowed’ them

Janos Hunyadi on March 20, 2008 at 6:18 PM

This gives me another reason to be glad that I’m a non-partisan. I wonder what would happen if everyone were to give up on the both parties and become NPs or Indies. The Republicrats and the Demmicans don’t deserve any public support, but The Brave New World requires them.

Christine on March 20, 2008 at 6:19 PM

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